Joint Committee on Statutory Instruments Ninth Report


NINTH REPORT


FROM THE JOINT COMMITTEE OF BOTH HOUSES APPOINTED TO SCRUTINISE STATUTORY INSTRUMENTS, ETC.[1]

ORDERED TO REPORT:

  1. The Committee has considered the instruments set out in the Annex to this Report and has determined that the special attention of both Houses does not require to be drawn to any of them.

MERCHANT SHIPPING (PILOT TRANSFER ARRANGEMENTS) REGULATIONS 1999 (S.I. 1999/17)

  2. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  3. Regulation 6(2) imposes on the responsible officer a duty to supervise certain operations and a duty to ensure that the crew is instructed in these operations. The Committee asked the Department of the Environment, Transport and the Regions whether regulation 8(3) makes both duties a criminal offence or whether it only applies to the first duty (of supervision). The Department say in the memorandum printed in the Appendix that as currently drafted regulation 8(3) applies only to the duty of supervision, but admit that it should also apply to the duty of instruction. They say that they will correct the mistake at the first convenient opportunity. The Committee reports regulation 8(3) for defective drafting, acknowledged by the Department.


1   The Orders of Reference of the Committee are set out in the First Report, Session 1998-99 (HL Paper 4; HC 50-i). Back


 
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